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What Is an Affidavit of Support?

What Is an Affidavit of Support?

What Is an Affidavit of Support?

PROMISING FINANCIAL SUPPORT AS A GREEN CARD SPONSOR WITH FORM I-864

By TRW Law Firm


📄 Introduction: What Is Form I-864?

Form I-864, officially titled the “Affidavit of Support Under Section 213A of the INA,” is a legally enforceable contract between a financial sponsor and the U.S. government. This affidavit is a mandatory component of most family-based green card applications and some employment-based applications. Through it, the sponsor promises to support the immigrant financially, ensuring they will not become a public charge upon admission to the United States.


🤝 Who Is a Financial Sponsor?

A financial sponsor is typically the petitioner (the person filing Form I-130 or I-129F). However, if the petitioner does not meet the income requirements, a joint sponsor or household member may also assume financial responsibility.

Eligibility Criteria for Sponsors:

🟩 Must be a U.S. citizen or lawful permanent resident (green card holder)
🟩 Must be at least 18 years old
🟩 Must have a domicile in the U.S. (i.e., live in the U.S. or plan to re-establish domicile before the immigrant enters)


🌎 Form I-864 Processing Time

The Affidavit of Support is submitted along with a green card application, either with Form I-485 (Adjustment of Status) or during consular processing.

As of 2025, the average processing time for Form I-864 is approximately 9.5 months, though it largely depends on:

🟩 Whether the application is processed by USCIS or NVC
🟩 The accuracy and completeness of the submission
🟩 Any accompanying Requests for Evidence (RFEs)


💼 Financial Requirements for Sponsors

To qualify as a sponsor, you must prove that your annual income meets at least 125% of the Federal Poverty Guidelines, adjusted for household size.

💡 Example (2025 Federal Poverty Guidelines)

If the sponsor lives in the contiguous U.S. and is supporting only one immigrant:

  • Minimum income: $24,650 (for a household of 2)

For Alaska and Hawaii, the thresholds are slightly higher.

Additional Notes:

  • If on active military duty, the requirement drops to 100% of the Federal Poverty Guidelines.
  • The sponsor must file Form I-864P to determine the applicable income threshold.

🏠 Assets Can Count Too

If your income is below the required threshold, you may use assets such as:

🟩 Savings accounts
🟩 Stocks or bonds
🟩 Real estate (equity)
🟩 Personal property


📅 Duration and Legal Obligations

Signing Form I-864 creates a legally binding contract. The sponsor remains financially responsible until one of the following occurs:

🔹 The immigrant becomes a U.S. citizen
🔹 The immigrant earns 40 quarters of work in the U.S. (approximately 10 years)
🔹 The immigrant leaves the U.S. permanently
🔹 Either party dies

During the sponsorship period, if the immigrant receives means-tested public benefits, the government may seek reimbursement from the sponsor.


🔧 How to File Form I-864

There are two primary ways to file Form I-864:

1. Online (through NVC)

If you’re going through consular processing, submit Form I-864 via the CEAC portal.

2. Mail (through USCIS)

If filing from within the U.S. (adjustment of status), mail the form with:

  • Form I-485 (if applicable)
  • Required supporting documents (tax returns, W-2s, pay stubs)

📑 Required Documents with Form I-864

🟩 Copy of most recent federal tax return
🟩 Proof of current income (pay stubs, employer letter)
🟩 Proof of U.S. citizenship or permanent resident status
🟩 Form I-864A, if counting household member’s income
🟩 Form I-864EZ, if only sponsoring one relative with adequate income


📈 Different Types of Form I-864

Form VersionUse Case
I-864Standard version for most sponsors
I-864EZSimpler version if sponsoring only one person
I-864ARequired when using income of a household member
I-864WExemption form if beneficiary qualifies without sponsorship

🤝 Joint Sponsors & Household Members

👥 Joint Sponsor:

  • second person who agrees to share financial responsibility
  • Must file a separate Form I-864
  • Must meet 125% income requirement independently

🏡 Household Member:

  • Can combine income/assets with the main sponsor
  • Must submit Form I-864A

🔍 Avoiding Common Mistakes

  1. Incorrect income calculations
  2. Omitting required tax documents
  3. Outdated form versions
  4. Failing to list all dependents

TRW Law Firm helps ensure that each affidavit is accurately prepared and backed by required documentation, avoiding RFEs or denials.


📅 When to File Form I-864

  • During Adjustment of Status with Form I-485
  • When the NVC schedules a consular interview
  • Post-arrival in the U.S. for K-1/K-3 visa holders adjusting status

❓ Form I-864 FAQs

Can I file Form I-864 online?

Yes, via the CEAC portal if you received it from the National Visa Center (NVC).

Who can sponsor a green card applicant?

Only a U.S. citizen or green card holder with U.S. domicile, aged 18+.

How long is Form I-864 valid?

Until one of the termination events occurs (citizenship, death, 40 quarters, or permanent departure).

What if I filed Form I-130 for multiple relatives?

You need a separate I-864 for each sponsored person unless exemptions apply.

What if I don’t meet the income threshold?

You can:

  • Use assets
  • Add a joint sponsor
  • Include household member’s income

🧰 TRW Law Firm: Your Immigration Experts

Navigating the Affidavit of Support process is critical to your green card approval. At TRW Law Firm, we:

🟩 Assess your financial eligibility
🟩 Prepare all necessary affidavits
🟩 Guide joint sponsors through the legal responsibilities
🟩 File and monitor your submission with USCIS or NVC
🟩 Handle follow-up actions, including RFEs


📞 Contact TRW Law Firm

Phone:
+8801708000660
+8801847220062
+8801708080817

Email:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Global Offices:
Dhaka: House 410, Road 29, Mohakhali DOHS
Dubai: Rolex Building, L-12 Sheikh Zayed Road
London: 330 High Holborn, City of London


📃 Summary Table: Form I-864 Key Details

FeatureDescription
PurposeFinancial sponsorship for green card applicants
Form VersionsI-864, I-864EZ, I-864A, I-864W
Who Must FileU.S. citizens or green card holders sponsoring family
Minimum Income Level125% of Federal Poverty Guidelines (100% for military sponsors)
Use of AssetsAllowed to supplement insufficient income
Joint Sponsors AllowedYes
Legally EnforceableYes
Valid UntilCitizenship, 40 quarters, death, or permanent departure
Submission PointsUSCIS (Adjustment of Status) or NVC (Consular Processing)
Typical Processing Time9.5 months (aligned with green card processing)

Trust TRW Law Firm to help you meet the sponsorship requirements with precision, compliance, and peace of mind.

The DS-260 and DS-261 Online Forms, Explained

The DS-260 and DS-261 Online Forms, Explained

The DS-260 and DS-261 Online Forms, Explained

How to Navigate the State Department’s System for Green Card Processing

By TRW Law Firm – U.S. Immigration Practice Division
Updated April 3, 2025


Introduction

If you’re applying for a green card from outside the United States, the journey begins and ends with two key online forms: Form DS-260 and Form DS-261. These forms are managed through the U.S. Department of State’s Consular Electronic Application Center (CEAC) and are essential steps in family-based and marriage-based immigration cases involving consular processing.

This guide by TRW Law Firm offers a complete walkthrough of these forms—what they are, how to file them, how they fit into the broader green card process, and how to avoid common mistakes that can delay your case.


What Is the DS-260?

Form DS-260, formally known as the Immigrant Visa Electronic Application, is the official application form used by immigrants who are applying for a green card from outside the United States. It collects personal and background information from the intending immigrant and is submitted online through the CEAC portal.

Once submitted, the DS-260 is reviewed by the National Visa Center (NVC) and eventually forwarded to the U.S. Embassy or Consulate in the immigrant’s country for interview scheduling and adjudication.


What Is the DS-261?

The DS-261, or Online Choice of Address and Agent, is a much simpler form. It allows the applicant to designate how they would like to receive communication from the U.S. State Department throughout the green card process. This form must be submitted and processed before you can pay the required fees and move forward with the DS-260.


Overview of the Green Card Process Through Consular Processing

Before reaching the DS-260 and DS-261, the process starts with:

  1. Form I-130 (Petition for Alien Relative)
    Filed by a U.S. citizen or green card holder to establish a qualifying relationship with the intending immigrant.
  2. USCIS Approval
    Once approved, the case is transferred to the National Visa Center (NVC).
  3. NVC Case Creation and Welcome Letter
    The NVC sends a “Welcome Letter” via email or mail that includes your Case Number, Beneficiary ID, and Invoice Number—credentials you’ll need to log in to CEAC and proceed with the DS-261 and DS-260.

Filing the DS-261

Purpose

Form DS-261 allows you to tell the State Department how you want to receive notifications—via email or mail—and whether you will have an agent (such as a lawyer) handle communications on your behalf.

Filing Steps

  • Access the Consular Electronic Application Center (CEAC) using your Case Number and Beneficiary ID from the welcome letter.
  • Complete and submit the DS-261 online.
  • Wait for the NVC to process your DS-261, which can take up to three weeks.

Cost

Filing the DS-261 is free.

After DS-261 Submission

Once your DS-261 is processed, the NVC will issue fee invoices for the next steps.


Paying NVC Fees

The two required fees for consular processing are:

  • Immigrant Visa Application Fee: \$325
  • Affidavit of Support Fee (Form I-864): \$120

Total: \$445

Payments are made online via the CEAC portal using a U.S.-based bank account. It can take up to one week for payments to be fully processed.


Filing the DS-260

Once fees are paid and the DS-261 is processed, you can proceed with Form DS-260.

Purpose

Form DS-260 is the primary green card application for applicants abroad. It collects detailed personal history, address history, employment, education, military background, and more.

Tips for Completing DS-260

  • Complete the form entirely in English.
  • Use Roman characters for names and addresses.
  • List all children, regardless of whether they are immigrating.
  • Include all physical addresses where you’ve lived since age 16.
  • Ensure your mailing address will remain valid for several months after arrival in the U.S.
  • Print the confirmation page after submission—you will need it at the visa interview.

Editing After Submission

You cannot edit the DS-260 after submission. If you discover a mistake, you must inform the consular officer during your interview and request that they amend the form manually.


Supporting Documents After DS-260 Submission

Once the DS-260 is submitted, you must prepare and send your supporting documents. The NVC will instruct you to either:

  • Upload documents via CEAC,
  • Email documents, or
  • Mail physical copies, depending on the consulate’s procedures.

Documents From the Applicant

  • Passport biographic page
  • Birth certificate
  • Marriage certificate (if applicable)
  • Divorce or death certificates (from previous marriages, if any)
  • Military records (if served)
  • Police clearance certificates from:
  • Your country of residence for 6+ months since age 16
  • Any foreign country lived in for 12+ months since age 16
  • Any jurisdiction where you’ve been arrested or charged

Documents From the Sponsoring Relative

  • Proof of U.S. citizenship or green card status
  • Form I-864 (Affidavit of Support) with supporting financial documents
  • Marriage certificate (if applicable)
  • Divorce or death certificates (from prior marriages)
  • Proof of domicile in the U.S.

Key Reminders

  • Submit copies, not originals.
  • Submit all documents together if possible.
  • Originals must be brought to the visa interview.
  • Always check NVC or consulate-specific instructions for unique requirements.

Visa Bulletin Considerations (F-2A Category Updates)

Spouses of Green Card Holders (F-2A Category)

The F-2A visa category (spouses and children of lawful permanent residents) is currently subject to retrogression due to backlogs. As of April 2023:

  • The “Final Action Dates” are no longer current.
  • “Dates for Filing” remain current, allowing DS-260 submissions.
  • Adjudication is delayed until the Final Action Date becomes current again.

Example:
For most countries, the Final Action Date retrogressed to September 8, 2020, meaning applicants must wait until their priority date becomes current again before interview scheduling.


Interview Process

Once all documentation is submitted, and your priority date is current (if applicable), the U.S. consulate will schedule your visa interview.

You’ll receive the appointment letter via CEAC or direct communication from the consulate, which will include:

  • Interview date and time
  • Medical exam instructions
  • Required documents to bring

Documents to Bring to the Interview

  • Interview appointment letter
  • DS-260 confirmation page
  • Valid passport
  • Original civil documents (birth certificate, marriage certificate, etc.)
  • Proof of financial support (I-864)
  • Medical exam results
  • 2 passport-sized photos

Post-Interview: Visa Approval and USCIS Fee

If approved at the interview, you will receive:

  • A visa stamp in your passport
  • A sealed immigrant visa packet (if applicable)

You must then pay the USCIS Immigrant Fee of \$235, which allows USCIS to produce and mail your physical green card after you enter the U.S.

Payment Tips

  • Pay online at the USCIS website.
  • Ideally pay before arriving in the U.S. to avoid delays.
  • Your green card will arrive at the U.S. mailing address you provided—typically within 3–4 weeks of entry.

Timeline Overview

StepDescriptionTime Estimate
I-130 FilingSponsor files with USCIS8–14 months
USCIS ApprovalApproval sent to NVC1–2 weeks
DS-261Address and agent designationUp to 3 weeks
Pay Fees\$445 totalUp to 1 week
DS-260Immigrant Visa ApplicationImmediate after fee payment
Submit DocumentsTo NVC or via CEAC1–4 weeks
InterviewScheduled by consulate2–5 months post-submission
USCIS Fee Payment\$235Immediately post-approval
Green Card DeliveryAfter U.S. entry3–4 weeks

Common Mistakes to Avoid

  • Failing to submit the DS-261 before paying fees.
  • Submitting incomplete or incorrectly formatted supporting documents.
  • Using non-Roman alphabets on DS-260 entries.
  • Omitting stepchildren, adopted children, or previous addresses.
  • Not printing or bringing the DS-260 confirmation page to the interview.
  • Paying the USCIS immigrant fee late, causing green card delivery delays.

Can the DS-260 Be Withdrawn?

Yes. If you change your mind or no longer want to immigrate, you may withdraw the DS-260 by submitting a request to the consulate or the NVC. Note that once withdrawn, you’ll need to restart the immigration process from the beginning if you change your mind again.


Final Thoughts

Navigating Form DS-261 and DS-260 is a vital part of consular green card processing. Properly submitting these forms and supporting documentation ensures you stay on track for an immigrant visa and green card approval.

TRW Law Firm helps clients and families across the globe successfully complete the green card journey through consular processing. We assist in preparing DS forms, gathering financial evidence, managing priority dates, and guiding clients through consular interviews.

For personalized assistance, reach out today.


Contact TRW Law Firm

Dhaka Office
House 410, Road 29, Mohakhali DOHS

Dubai Office
Rolex Building, Sheikh Zayed Road

London Office
330 High Holborn, City of London

Phone:
+8801708000660
+8801847220062
+8801708080817

Email:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Website: tahmidurrahman.com


Summary Table: DS-260 and DS-261 Overview

ItemDS-261DS-260
PurposeChoice of communicationImmigrant visa application
Filed ThroughCEAC (online)CEAC (online)
Filing FeeNone\$325 + \$120 Affidavit fee
Processing TimeUp to 3 weeksImmediate upon fee payment
Supporting Docs Required?NoYes
Must Be Filed BeforePaying feesScheduling interview
Printable Confirmation Needed?NoYes
Editable After Submission?N/ANo; correct at interview
Who Needs to FileAll family-based immigrants applying abroadSame
USCIS Immigrant FeeN/APay \$235 after visa approval

Need Help Navigating the DS-260 or DS-261?
TRW Law Firm provides end-to-end immigration legal support. Let our team assist you with documentation, filing strategy, and interview preparation for your successful green card journey.

Step-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in Bangladesh

Step-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in Bangladesh

Step-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in Bangladesh

By TRW Law Firm


🌐 Overview

Non-Banking Financial Institutions (NBFIs) play a critical role in Bangladesh’s financial ecosystem. Unlike traditional banks, NBFIs do not accept demand deposits or issue cheques but provide a broad array of financial services such as leasing, loans, investments, venture capital, and asset management. Their primary objective is to enhance financial inclusion and supplement the operations of the banking sector.

In Bangladesh, NBFIs are regulated under the Financial Institutions Act, 1993, and supervised by Bangladesh Bank, the central bank. Establishing an NBFI is a highly structured process requiring compliance with a robust regulatory framework to ensure transparency, financial prudence, and macroeconomic stability.

This guide from TRW Law Firm outlines a comprehensive, step-by-step procedure for registering and operating an NBFI in Bangladesh.

Step-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in Bangladesh
Step-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in BangladeshStep-by-Step Process to Open a Non-Banking Financial Institution (NBFI) in Bangladesh

✅ Step 1: Form a Public Limited Company

🔎 Description

The legal foundation for any NBFI begins with forming a Public Limited Company (PLC) under the Companies Act, 1994. This entity will operate the financial services business and apply for licensing with Bangladesh Bank.

📆 Procedure

  • Choose a unique name incorporating financial terminology like “Finance,” “Investment,” or “Capital.”
  • Apply for name clearance at the RJSC web portal: http://www.roc.gov.bd
  • Pay the name clearance fee (BDT 575) at a designated bank.
  • Upon receiving clearance, prepare the Memorandum of Association (MOA) and Articles of Association (AOA). These must specifically state the financial nature of business.
  • Submit the following forms to RJSC:
  • Form I: Declaration for registration
  • Form IX: Consent of directors
  • Form XII: Particulars of directors and officers
  • Pay registration fees and stamp duties (as determined by the share capital).
  • Obtain the Certificate of Incorporation from RJSC.

📄 Required Documents

  • Name clearance certificate
  • Draft MOA and AOA
  • Forms I, IX, and XII
  • NID/passport copies of shareholders and directors
  • Payment receipts for fees and stamp duty
  • For foreign investors:
  • Board resolution of the parent company
  • Notarized copies of incorporation documents
  • Encashment certificate for remitted capital

🌐 Step 2: Open a Company Bank Account

🔎 Description

A company bank account is needed for receiving capital investments and handling future transactions.

📆 Procedure

  • Choose a scheduled bank under the Bank Company Act, 1991.
  • Submit relevant documents and application forms.
  • Deposit the minimum paid-up capital of BDT 1 Billion, as required by Bangladesh Bank.

📄 Required Documents

  • Name clearance certificate
  • Draft MOA and AOA
  • NID/passport copies of directors/shareholders
  • Bank-specific forms

🔎 Step 3: Obtain Name Clearance from Bangladesh Bank

🔎 Description

The proposed company name must be cleared by Bangladesh Bank, ensuring it reflects the nature of the financial business.

📆 Procedure

  • Submit a formal application to the Financial Institutions and Markets Department.
  • Include a copy of RJSC name clearance and MOA/AOA.
  • Await Bangladesh Bank’s confirmation.

📄 Required Documents

  • Application letter
  • RJSC name clearance
  • Draft MOA and AOA

📉 Step 4: Apply for an NBFI License from Bangladesh Bank

🔎 Description

A formal license from Bangladesh Bank is mandatory to operate as an NBFI.

📆 Procedure

  • Submit an application to the Financial Institutions and Markets Department.
  • Bangladesh Bank will assess:
  • Financial strength
  • Paid-up capital adequacy
  • Governance structure
  • Future earning potential
  • Public interest
  • Submit a 3–5 year business plan, including projected financial statements.
  • Deposit a security reserve fund as instructed by Bangladesh Bank.

📄 Required Documents

  • Application letter
  • Certificate of Incorporation
  • Approved MOA and AOA
  • Shareholder and director details (CVs, financial info, proof of no defaults)
  • 3–5 year business plan with financial projections
  • Encashment certificate for capital remittance
  • Bank statement showing reserve fund
  • Auditor certificate verifying net owned funds
  • Tax returns of directors and the company
  • Credit reports from authorized agencies

✉️ Step 5: Post-Licensing Compliance

🔎 Description

Licensed NBFIs must adhere to ongoing compliance regulations issued by Bangladesh Bank.

📆 Procedure

  • Maintain minimum paid-up capital continuously
  • Follow Bangladesh Bank’s Code of Conduct for NBFIs
  • File annual returns with RJSC:
  • Schedule X: Share capital and shareholders summary
  • Form 23B: Auditor appointment
  • Financials: Balance Sheet and P\&L
  • Maintain Statutory Liquidity Ratio (SLR):
  • 5% total (2.5% as Cash Reserve Requirement (CRR), 2.5% in liquid assets)
  • NBFIs not taking term deposits: only 2.5% CRR
  • Submit semi-annual financial reports to Bangladesh Bank
  • Adhere to AML/CFT laws

📄 Required Documents

  • Annual financial statements
  • Schedule X and Form 23B
  • Compliance filings to Bangladesh Bank
  • AML and governance reports

🚧 Step 6: Obtain Additional Licenses (If Applicable)

🔎 Description

Depending on the scope of business, the NBFI may require additional permissions.

📆 Procedure

  • Trade License from City Corporation
  • Tax Identification Number (TIN) and Business Identification Number (BIN) from NBR
  • Import/Export License (if involved in cross-border operations)
  • Fire Safety Certificate (if required)
  • Permissions from BIDA for foreign investment

📄 Required Documents

  • Certificate of Incorporation
  • MOA and AOA
  • Lease deed or office ownership
  • NBFI License
  • TIN, BIN application forms
  • Proof of fee payment

🚪 Step 7: Commence Operations

🔎 Description

Once all approvals are in place, the NBFI may begin operations.

📆 Procedure

  • Establish office in a commercial space
  • Hire skilled personnel
  • Develop internal control and risk management systems
  • Implement lending, recovery, and governance protocols
  • Maintain loan quality and manage Non-Performing Loans (NPLs)

📄 Required Documents

  • Office lease or ownership document
  • HR files and employment contracts
  • Operational policy documents
  • IT infrastructure setup

📈 Summary Table: Key Steps to Establish an NBFI in Bangladesh

StepActivityKey AuthorityMain Requirements
1Incorporate PLCRJSCName clearance, MOA/AOA, Forms I, IX, XII
2Open bank accountScheduled BankMinimum capital BDT 1 Billion
3Name clearance from BBBangladesh BankMOA/AOA, RJSC clearance
4Apply for NBFI licenseBangladesh BankBusiness plan, capital proof, no-loan-default record
5Post-licensing complianceRJSC, BBSLR, financial filings, AML/CFT compliance
6Additional licenses (if needed)City Corp, BIDA, NBRTrade license, TIN/BIN, import/export permission
7Commence operationsSelf-regulatoryOffice setup, staff hiring, operational systems

💬 Contact TRW Law Firm

For complete legal support in setting up and operating a Non-Banking Financial Institution in Bangladesh, reach out to our experienced corporate team.

TRW Law Firm – Banking & Finance Practice

📍 Dhaka: House 410, Road 29, Mohakhali DOHS
📍 Dubai: Rolex Building, L-12 Sheikh Zayed Road

📞 +8801708000660
📞 +8801847220062
📞 +8801708080817

📧 info@trfirm.com
📧 info@trwbd.com
📧 info@tahmidur.com

🔗 Visit Our Website

Let TRW Law Firm guide your journey from incorporation to full NBFI operations with strategic legal insight and regulatory compliance.

Avenues to Receive Currency from a Foreign Jurisdiction in Bangladesh

Avenues to Receive Currency from a Foreign Jurisdiction in Bangladesh

Avenues to Receive Currency from a Foreign Jurisdiction in Bangladesh

By TRW Law Firm

Bangladesh has become a significant remittance-dependent economy, with over USD 20 billion received annually from millions of Bangladeshi nationals working abroad. Whether sent for family support, investments, education, or commercial transactions, foreign remittances are crucial for economic stability and personal sustenance. However, receiving foreign currency in Bangladesh must follow strict legal and regulatory protocols. These regulations are primarily governed by the Foreign Exchange Regulation Act, 1947, and administered by Bangladesh Bank, the nation’s central regulatory authority.

In this comprehensive TRW Law Firm guide, we explore the legal avenues to receive foreign currency in Bangladesh, the detailed procedures for each method, available incentives such as the 5% or 2.5% remittance cash incentive, and compliance obligations under Bangladeshi law.


⚖️ Regulatory Framework for Receiving Foreign Currency

Before delving into the different channels, it is essential to understand the regulatory ecosystem governing foreign currency inflows:

🔳 Foreign Exchange Regulation Act, 1947
This Act regulates payments, dealings in foreign exchange and securities, and the import/export of currency. It authorizes Bangladesh Bank to monitor and control all such transactions.

🔳 Bangladesh Bank’s Foreign Exchange Transaction Guidelines
These comprehensive guidelines cover every aspect of remittance transactions including approval processes, account opening, permissible limits, and compliance obligations.

🔳 Money Laundering Prevention Act, 2012
This Act obligates all financial institutions to conduct due diligence and monitor transactions to prevent illegal remittance or trade-based money laundering.


🏦 1. Direct Bank Transfers

Overview

The most conventional and secure method to receive foreign remittances in Bangladesh is via direct bank transfers. This applies to both individual and corporate beneficiaries. Authorized dealer banks (ADs) such as Dutch-Bangla Bank, Sonali Bank, Standard Chartered, and Social Islami Bank facilitate these transactions under the surveillance of Bangladesh Bank.

Types of Accounts for Receiving Money:

🔳 Individual Savings Account
🔳 Non-Resident Taka Account (NRTA)
🔳 Non-Resident Foreign Currency Deposit (NFCD) Account

Step-by-Step Process:

  1. Sender collects recipient details:
  • Full Name (as per National ID or Passport)
  • Bank Account Number
  • Bank Name and Branch
  • District
  • SWIFT Code of the recipient’s bank
  1. Initiates the remittance via an overseas bank with SWIFT or through digital banking platforms.
  2. Settlement Time: Generally within 2–3 business days.
  3. Currency Conversion: Foreign currency is automatically converted to Bangladeshi Taka at official exchange rates unless sent to FC accounts.

Incentives & Conditions:

✅ 2.5% or 5% Government Incentive on remittances sent by Bangladeshi wage earners
✅ Applicable only if the sender is a Bangladeshi national working abroad legally
✅ Payment must be made into an individual savings account to qualify for the incentive


📱 2. Mobile Wallet Transfers (bKash, Rocket, iPay)

Overview

Mobile wallet services have democratized remittance access, especially for recipients in rural or underserved areas. Licensed by Bangladesh Bank, platforms such as bKash (backed by BRAC Bank) and Rocket (Dutch-Bangla Bank) allow instant remittance disbursals.

Process:

  1. The sender uses an MTO (e.g., Western Union, MoneyGram, Xoom) or a digital remittance partner to initiate a transfer.
  2. The sender provides:
  • Recipient’s mobile number (linked to wallet)
  • Valid identification
  • MTCN (Money Transfer Control Number)
  1. Recipient gets notified via SMS, and the balance appears instantly.
  2. The recipient may cash out at any agent point or ATM.

Transfer Limits:

  • Maximum: BDT 250,000 per transaction (bKash)
  • No cap on frequency

Government Incentives:

✅ Eligible remittances receive a 5% incentive, credited directly to the wallet
✅ Must be sent through legally licensed remittance providers


💵 3. Cash Pickup at Agent Locations

Overview

Another popular method for those without bank accounts is cash pickup, available at agent locations nationwide such as banks and MTO partner outlets. This is suitable for recipients who prefer immediate access to cash.

Process:

  1. The sender initiates a transaction through a provider like Western Union, Ria, or MoneyGram.
  2. Provides:
  • Full name of the recipient (matching their ID)
  • MTCN or similar reference code
  1. The recipient visits a designated bank or pickup agent, presents a valid ID and MTCN, and collects the cash.

Transaction Limits:

  • Max pickup per transaction: BDT 100,000
  • Larger amounts must be credited to bank accounts

Incentives:

✅ 5% incentive applies to legally transferred remittances
✅ Banks handling the transaction claim reimbursement from Bangladesh Bank


🏢 4. Money Transfer Organizations (MTOs) and Exchange Houses

Overview

MTOs such as Western Union, Ria, Xpress Money, and licensed foreign exchange houses offer a wide network for remittance transfers. These organizations operate under drawing arrangements with Bangladeshi banks, which are pre-approved by Bangladesh Bank.

Process:

  1. Sender initiates a transfer through MTO’s web/app or exchange house.
  2. The MTO channels the funds via its drawing arrangement partner bank in Bangladesh.
  3. Funds are then credited to:
  • Bank account
  • Mobile wallet
  • Cash pickup option

Speed:

  • Transfers typically complete within 24–48 hours depending on intermediary bank procedures.

Documentation for High-Value Transfers:

  • For amounts above BDT 500,000, income proof or source of funds (e.g., employment letter, license) may be required.

Government Incentives:

✅ 5% remittance incentive is claimable
✅ Must be routed through authorized banks and MTOs


🌐 5. Non-Resident Taka Accounts (NRTA) and Foreign Currency Accounts

Overview

For foreign investors or non-resident Bangladeshis, NRTA and FC accounts provide dedicated, compliant avenues to receive remittances, especially for business or investment purposes.

NRTA Account Features:

  • Can be opened without prior Bangladesh Bank approval
  • Intended for proposed businesses or investments
  • Post-business registration, funds can be shifted to operational accounts

Foreign Currency Account Features:

  • Can hold USD, GBP, EUR
  • Interest on NFCDs is tax-free
  • Principal and interest are freely repatriable

Requirements:

  • Valid proof of non-residency (e.g., passport with visa/work permit)
  • Documents such as bills of entry, invoices, or capital machinery import permits if linked to investments

Legal Protections:

✅ Free repatriation is guaranteed under Bangladesh Investment Development Authority (BIDA) regulations
✅ Protected from currency control risks if accounts are compliant


🧾 6. Demand Drafts, Telegraphic Transfers & Other Traditional Channels

Overview

While now largely obsolete, traditional methods like Demand Drafts (DDs), Telegraphic Transfers (TTs), Traveler’s Cheques, and Postal Orders are still legally valid and occasionally used by conservative remitters or legacy institutions.

Process:

  1. Sender purchases DD from an overseas bank or exchange house
  2. Sends DD physically to the recipient in Bangladesh
  3. Recipient presents it to a local bank for clearing (usually 3–5 business days)
  4. Funds are credited to the recipient’s account

Incentives:

✅ 5% government remittance incentive is available if documentation confirms sender is a wage earner abroad
✅ Must be processed through a bank with drawing arrangements with the foreign sender’s institution


💼 Special Cases: Commercial Inflows and Large Remittances

For Companies and Startups:

  • Businesses receiving inward remittances must register the source of funds
  • All receipts must be reported under current account transactions or capital account transactions
  • Firms importing machinery or capital goods must submit:
  • Commercial invoice
  • Proforma invoice
  • Letter of credit or T/T proof
  • Import registration certificate

For Charities and NGOs:

  • NGOs must have prior approval from NGO Affairs Bureau
  • Funds should be routed through designated FC accounts
  • Annual fund use reports and audits are mandatory

✅ Best Practices and Legal Compliance

To ensure smooth foreign currency transactions and avoid legal complications, consider the following:

🟩 Always Use Authorized Channels
Avoid informal “hundi” or illegal remittance methods, which are punishable under the Money Laundering Prevention Act.

🟩 Maintain Documentation
Keep a record of:

  • Sender’s passport/work permit
  • Bank remittance slip or MTCN
  • Purpose of remittance

🟩 Register Foreign Investments
Report foreign equity or loan inflows to Bangladesh Bank via your authorized dealer bank.

🟩 Know Your Rights
Consult legal counsel when handling high-value or commercial remittances, to ensure compliance with:

  • Anti-Money Laundering (AML) rules
  • Tax regulations
  • Investment registration protocols

🔚 Conclusion: Securely Receiving Foreign Currency in Bangladesh

Bangladesh offers multiple legitimate avenues to receive foreign currency from overseas — from direct bank transfers and mobile wallets to MTOs, NRTA, and traditional banking instruments. These channels are regulated to ensure transparency, protect recipients, and uphold the integrity of the financial system.

At TRW Law Firm, we assist individuals, families, investors, and corporate entities with all aspects of foreign currency remittance and investment compliance. Whether you are sending support to loved ones or planning a multimillion-dollar investment in Bangladesh, our legal experts can help you:

  • Choose the best remittance structure
  • Comply with Bangladesh Bank regulations
  • Obtain required permissions or clearances
  • Claim government incentives
  • Structure inward investments efficiently

📊 Summary Table: Avenues to Receive Currency in Bangladesh

MethodRecipient TypeSpeedMax Amount (General)Govt. IncentiveSpecial Notes
Bank Transfer (Savings Account)Individuals2–3 daysNo cap✅ 2.5%–5%SWIFT required
Mobile Wallet (bKash, Rocket)IndividualsInstantBDT 250,000/txn (bKash)✅ 5%MTCN required
Cash Pickup at Agent LocationIndividuals (No account)Within minutesBDT 100,000✅ 5%ID & MTCN needed
MTOs & Exchange HousesIndividuals/Entities1–2 daysDepends on provider✅ 5%Drawing arrangement needed
NRTA / FC / NFCD AccountsNon-residents/Investors1–3 daysNo cap❌ (Interest tax-free)Proof of non-residency
Demand Drafts / TTs / ChequesIndividuals/Businesses3–5 daysDepends on issuer✅ 5%Rarely used today

📞 Contact TRW Law Firm

Let us assist you with foreign remittance structuring, compliance, and legal documentation in Bangladesh.

TRW Law Firm – Global Legal Expertise
📍 Dhaka: House 410, Road 29, Mohakhali DOHS
📍 Dubai: Rolex Building, L-12 Sheikh Zayed Road

📞 +8801708000660
📞 +8801847220062
📞 +8801708080817

📧 info@trfirm.com
📧 info@trwbd.com
📧 info@tahmidur.com

🔗 Visit Our Website

Let TRW Law Firm be your trusted legal partner in navigating international remittance laws and investment structures in Bangladesh.

Form I-864, Explained

Form I-864, Explained

Form I-864, Explained

A Complete Guide to the Affidavit of Support for Green Card Sponsors

By TRW Law Firm – U.S. Immigration Practice Division
Updated: January 31, 2025


Introduction

If you’re sponsoring a family member for a U.S. green card, one of the most important documents you’ll file is Form I-864, the Affidavit of Support. This form is a legally enforceable contract in which a U.S. citizen or permanent resident sponsor agrees to take financial responsibility for the intending immigrant.

The U.S. government uses the Affidavit of Support to ensure that new immigrants will not become public charges and that they will have adequate financial support once granted permanent residence.

This guide by TRW Law Firm will walk you through the purpose, requirements, and responsibilities of Form I-864 — and how to avoid the common pitfalls that delay green card approvals.

Form I-864, Explained
Form I-864, Explained

What Is Form I-864?

Form I-864 is an official document issued by U.S. Citizenship and Immigration Services (USCIS). It is required in most family-based and some employment-based immigration cases. It demonstrates that the sponsor:

  • Has enough income or assets to support the immigrant at a minimum level,
  • Agrees to reimburse the government for any public benefits the immigrant may use, and
  • Will maintain the immigrant at 125% of the Federal Poverty Guidelines until the sponsorship ends.

This legally binding agreement remains enforceable until specific conditions are met — making it one of the most serious obligations in family-based immigration.


Who Needs to Submit Form I-864?

Form I-864 is required for most applicants applying for a green card through:

  • Marriage to a U.S. citizen or green card holder
  • Family-based preference categories (e.g., sibling, parent, child)
  • Some employment-based categories, when a relative owns 5% or more of the sponsoring business

The main sponsor is usually the petitioner (the U.S. citizen or lawful permanent resident who filed Form I-130 or I-129F). However, additional or joint sponsors may be required if the petitioner doesn’t meet the financial threshold alone.


Who Qualifies as a Sponsor?

To be a primary sponsor for Form I-864, you must:

  • Be at least 18 years old
  • Be a U.S. citizen or green card holder
  • Be domiciled in the United States (or plan to reestablish domicile)
  • Show sufficient income or assets to meet the minimum financial requirements

If the primary sponsor doesn’t meet the income requirement, they can enlist:

  • A joint sponsor (unrelated to the immigrant),
  • A household member (using Form I-864A), or
  • The immigrant’s own income, if the income will continue after immigration.

When Is Form I-864 Required?

You’ll need to submit Form I-864 at one of two points in the immigration process:

  1. For applicants inside the U.S. (Adjustment of Status):
    Form I-864 is submitted alongside Form I-485.
  2. For applicants outside the U.S. (Consular Processing):
    The petitioner submits Form I-864 to the National Visa Center (NVC) after USCIS approves the immigrant petition. The NVC then forwards the I-864 to the relevant U.S. consulate.

Income Requirements for Form I-864

The financial sponsor must show income equal to or above 125% of the Federal Poverty Guidelines (100% for sponsors on active U.S. military duty sponsoring a spouse or child). These guidelines vary based on household size and location.

Household Size

When calculating household size, include:

  • The sponsor
  • The sponsor’s spouse
  • Any dependent children
  • Any other dependents claimed on taxes
  • The intending immigrant
  • Any previously sponsored immigrants (unless the obligation has ended)

Income Sources That Count

  • Wages or salary
  • Self-employment income
  • Pension or retirement income
  • Child support or alimony received
  • Rental income
  • Dividends or interest

If the sponsor’s income is insufficient, they may use:

  • The immigrant’s income (if it will continue after green card issuance)
  • Household member’s income (via Form I-864A)
  • Assets

Using Assets to Qualify

Sponsors can use liquid assets to meet the income requirement shortfall. This includes:

  • Savings accounts
  • Certificates of deposit
  • Stocks and bonds
  • Real estate (equity only)

To calculate asset sufficiency:

  • For spouses: assets must equal 3 times the income shortfall
  • For others: assets must equal 5 times the shortfall

Assets must be readily convertible to cash within one year and belong to the sponsor, the immigrant, or a qualifying household member.


Duration of Financial Responsibility

A sponsor’s financial obligations continue until one of the following occurs:

  1. The immigrant becomes a U.S. citizen
  2. The immigrant earns 40 quarters (10 years) of U.S. work credit
  3. The immigrant dies
  4. The sponsor dies
  5. The immigrant permanently leaves the U.S.

Divorce does not end the sponsor’s obligation. A sponsor remains liable for reimbursing the U.S. government for certain public benefits used by the immigrant during this time.


Public Benefits and Reimbursement

Under federal law, if the immigrant receives means-tested public benefits, the sponsoring individual may be required to repay the government.

These benefits may include:

  • Medicaid (in some states)
  • TANF (Temporary Assistance for Needy Families)
  • SSI (Supplemental Security Income)

Not all benefits trigger this liability. Sponsors are not required to repay for:

  • Emergency Medicaid
  • Public school enrollment
  • Immunizations and testing
  • Children’s Health Insurance Program (CHIP)

USCIS reviews the sponsor’s affidavit as part of the public charge analysis but uses other criteria in parallel, including health, age, education, and skills.


Where and How to File Form I-864

For Adjustment of Status (within the U.S.)

File Form I-864 with:

  • Form I-485 (green card application)
  • Supporting financial documents (e.g., tax returns, W-2s)
  • Form I-864A (if household member income is used)

For Consular Processing (outside the U.S.)

Submit online via the CEAC portal, usually after receiving instructions from the National Visa Center (NVC).

Each sponsor (main or joint) must complete a separate Form I-864 and submit all supporting documentation individually.


Required Supporting Documents

When submitting Form I-864, include:

  • Most recent federal tax return (Form 1040)
  • W-2 or 1099 forms
  • Evidence of current income (e.g., recent pay stubs or letter from employer)
  • Proof of U.S. citizenship or permanent residency (passport, naturalization certificate, or green card copy)

If using assets:

  • Bank statements
  • Property appraisals
  • Title deeds
  • Proof of ownership and value

If including a household member:

  • Form I-864A signed by the household member
  • Proof of residency at the same address
  • Documentation of that household member’s income or assets

Types of Form I-864

There are several variations of Form I-864, depending on the sponsor’s circumstances:

Form I-864: Standard Affidavit of Support

Used in most cases. Required when a sponsor is submitting evidence for family or employment-based immigrants.

Form I-864EZ

Simplified version. Eligible if:

  • Sponsoring only one person
  • No joint sponsors or household members are involved
  • Only income (not assets) is used

Form I-864A

Required if a household member’s income or assets are being included.

Form I-864W

Used to waive the Affidavit of Support. Possible if:

  • The immigrant has 40 quarters of U.S. work
  • The immigrant is a child of a U.S. citizen and will become a citizen upon admission
  • Other limited exceptions apply

Frequently Asked Questions (FAQs)

Can I file Form I-864 online?

Yes, if your case is processed through the NVC, you can submit the form via the CEAC portal. If you’re filing with USCIS (such as with Form I-485), submit a paper version to the designated USCIS address.

Can a friend or relative be a joint sponsor?

Yes. The joint sponsor does not need to be related to the immigrant. However, they must be a U.S. citizen or permanent resident, at least 18 years old, and domiciled in the U.S.

Each joint sponsor must file a separate Form I-864.

How long is Form I-864 valid?

The sponsor’s obligation continues until one of the termination conditions (e.g., citizenship, 40 quarters, or death) occurs. There is no expiration date on the form once filed with USCIS or NVC, but always use the most current edition.

What if I’ve previously sponsored someone?

Anyone you previously sponsored must be counted in your household size unless your obligation to them has officially ended. This is important in calculating financial eligibility.

When do I file I-864 in a fiancé or K-3 visa case?

You do not file I-864 when submitting Form I-129F for a fiancé or K-3 spouse. Instead, file the I-864 once your partner arrives in the U.S. and files Form I-485 for Adjustment of Status.


Common Mistakes to Avoid

  • Using outdated versions of the form
  • Submitting incomplete or unsigned forms
  • Forgetting to include required tax returns and W-2s
  • Incorrectly calculating household size
  • Failing to convert foreign assets to U.S. dollars
  • Missing CEAC upload deadlines for consular processing cases

How TRW Law Firm Can Help

The Affidavit of Support is a binding contract with legal and financial implications. At TRW Law Firm, we help clients:

  • Accurately calculate household income
  • Compile documentation
  • Identify joint sponsors when needed
  • Avoid red flags that could delay or jeopardize green card approval

Whether you’re sponsoring a spouse, parent, sibling, or child, our legal team can ensure your Form I-864 is complete, compliant, and ready for USCIS or NVC review.


Contact TRW Law Firm

Dhaka Office
House 410, Road 29, Mohakhali DOHS

Dubai Office
Rolex Building, Sheikh Zayed Road

London Office
330 High Holborn, City of London

Phone:
+8801708000660
+8801847220062
+8801708080817

Email:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Website: www.tahmidurrahman.com


Summary Table: Form I-864 at a Glance

TopicDetails
Form TitleI-864: Affidavit of Support
Required ForMost family-based and some employment-based green card applications
Who Can SponsorU.S. citizen or green card holder, age 18+, domiciled in U.S.
Minimum Income125% of Federal Poverty Guidelines (100% for active-duty military)
Alternate Financial ProofAssets or joint sponsors
Filing MethodUSCIS (paper) or NVC (online via CEAC)
Validity of ObligationUntil immigrant becomes citizen, earns 40 quarters, or permanently departs
Associated FormsI-864EZ, I-864A, I-864W
Key Supporting DocumentsTax returns, W-2s, pay stubs, proof of status, and proof of income/assets
Common PitfallsIncorrect income calculations, missing signatures, outdated form usage

Need assistance with Form I-864 or green card sponsorship?
Book a consultation with TRW Law Firm today for reliable, expert immigration support from petition to approval.

Call us!